On the Matter of Attorneys Fees, in Town of Westwood v. Westwood Land Trust

Background: In 1999, Duncan McFarland (original Grantor of the Conservation Restriction) then owner of the property at 665 Clapboardtree Street (665) granted a Conservation Restriction on 665 to the Westwood Land Trust (Grantee). In April 2001, the land was given to the Town of Westwood, subject to the existing Conservation Restriction (CR), which permanently restricts uses of 665 Clapboardtree. In accepting the land, the Town covenanted to accept the CR. Each subsequent holder of the title stands in the shoes of the original Grantor. The Grantor is now the Town; Westwood Land Trust is the Grantee, bearing responsibility for enforcement of the CR.

Section IV B of the CR document recites conditions under which the Land Trust is entitled to reimbursement of costs incurred in its enforcement of the CR:

"Reimbursement of Costs of Enforcement:

The Grantor, and therefore the successors and assigns of the Grantor, covenant and agree to reimburse the Grantee for all reasonable costs and expenses (including without limitation counsel fees) incurred in enforcing this Conservation Restriction or in remedying of abating any violation thereof."